NSW Caselaw
Appeal Panel - Internal
CITATION: AT v Commissioner of Police, New South Wales Police Force (GD) [2009] NSWADTAP 1
APPELLANT AT PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Force
FILE NUMBER: 089024
HEARING DATES: 20 August 2008
SUBMISSIONS CLOSED: 20 August 2008
DATE OF DECISION: 16 January 2009
BEFORE: O'Connor K - DCJ (President); Montgomery S - Judicial Member; O'Neill A - Non-Judicial Member
CATCHWORDS: Privacy and Personal Information Protection Act – Applications to Tribunal under s 55 for Review of Conduct – Whether there is a Time Limit – No express provision – Time Limits governing Applications for Review of Reviewable Decisions not applicable – 'Reasonable Time' limit may be implied into s 55 – Consideration of what is a 'reasonable time' – Appeal dismissed
DECISION UNDER APPEAL: AT v Commissioner of Police, New South Wales Police [2008] NSWADT (14 December 2007)
FILE NUMBER UNDER APPEAL: 073195
DATE OF DECISION UNDER APPEAL: 12/14/2007
Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal Amendment Act 2008 LEGISLATION CITED : Anti-Discrimination Act 1977 Freedom of Information Act 1989 Privacy and Personal Information Protection Act 1998 Retail Leases Act 1994
AT v Commissioner of Police, New South Wales Police Force, unreported ex tempore decision, 14 December 2007 Bermingham v Corrective Services Commission (1988) 15 NSWLR 292 Commissioner of Police v LZ [2008] NSWADTAP 22 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297 Fitzpatrick v Ambulance Service of NSW [2003] NSWADT 132 Gartside v. Inland Revenue Commissioners [1967] UKHL 6; (1968) AC 553 GQ v NSW Department of Education and Training [2008] NSWADT 212 CASES CITED: HBF of Western Australia v Minister for Health, Housing and Community Services (1992) 111 ALR 1 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 Oceanic Sun Line Inc v Fay (1988) 165 CLR 197 PC v University of New South Wales (No 2) [2005] NSWADT 264 R v Skurray (1967) WN (Pt 1) (NSW) 1 R v Young (1999) 46 NSWLR 681 Re Federal Commissioner of Taxation; Ex parte Australena Investments Pty Ltd (1983) 50 ALR 577 Re Teutonia Lodge [1923] VLR 533 Roach v Truth and Sportsman Ltd (1938) 55 WN (NSW) 77
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